You can still sue and recover damages for your motorcycle accident injuries, even if you were not wearing a helmet. There are many factors involved. The fact that you were not wearing a helmet can make it very difficult to recover compensation in some states, and it may reduce the amount of money you receive. The type of injuries you sustained, the motorcycle helmet laws in your state, and how your state handles seat belt non-use in car accident lawsuits can all play a role in the outcome of your motorcycle accident case.
Your Injuries
Helmet use or non-use is irrelevant if your injuries are not the type that helmets can minimize. A helmet does not protect you from back injuries, knee injuries, and the like, so it doesn’t matter if you were wearing a helmet or not when it comes to compensation for those types of injuries.
Brain injuries are a different story. Your compensation may be reduced for brain injuries, in some states. Helmets minimize brain injuries, but they do not completely prevent them. The defendant has to prove that your brain injuries would have been prevented or reduced by wearing a helmet, in order to reduce your compensation. Download our free Head Injuries Guide for more information.
Your State
If you were in violation of state law by not wearing a helmet, that may work against you. Many states do not require motorcyclists to wear helmets, or only require certain riders to wear them.
Another consideration is how your state handles “the seat belt defense” in car accident cases. If your state does not allow seat belt non-use to be used against car accident victims, it should treat helmet non-use similarly.
To win maximum compensation for your motorcycle accident injuries, you need the help of an experienced motorcycle accident attorney, especially if you were not wearing a helmet. AccidentAttorneys,org can put you in touch with a highly credentialed attorney in your area.
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